Quashing of Summons and Warrants – Private Limited Company and Directors as Accused – Accused challenge summons and consequential warrants issued for offense under Section 138 of the Negotiable Instruments Act, 1881 – High Court quashes summons and warrants, directs fresh enquiry under Section 202 Cr.P.C. [Para 1-10]
Applicability of Section 202 Cr.P.C. in Negotiable Instrumen...
Proclaimed Offender – Quashing of Proclamation Order – Petition under Section 482 Cr.P.C. for quashing of order declaring petitioner as proclaimed person in Negotiable Instruments Act case – Petitioner’s absence at trial led to proclamation – Impugned order set aside due to non-compliance with mandatory conditions of Section 82 (2) Cr.P.C. and lack of recorded satisfa...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Quashing of FIR and Direction for CBI Investigation – Writ Petition – Allegations of Forgery and Trespass – Petitioner seeks direction to entrust investigation to Central Bureau of Investigation (CBI) – Petitioner alleges repeated threats and inducements by real estate group to widen road adjacent to his property – Suit filed by petitioner pending consideration before...
Petition under Section 482 CrPC – Seeking action based on representation dated 10.03.2022 (Annexure P3) and enquiry report dated 12.08.2022 (Annexure P4) against the accused for posting vulgar and threatening comments on petitioner's family photographs on Facebook – Allegation of police inaction due to political influence. [Para 1]
FIR No. 154 of 2021 – Backgroun...
Quashing of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]
Principal of Liability – Cheque Dishonour – Li...
Quashing of FIR – Freedom of Speech and Religion – Petitioner sought to quash FIR for alleged offence under Section 295A IPC involving religious figures – FIR based on petitioner’s discourse about Sant Kabir Das and Guru Ravidas – Examination of discourse and historical texts reveals no malice or intent to insult religious beliefs – FIR and consequential proceed...
Quashing - Family Dispute and Criminal Proceedings – The petitioner, a professional doctor, faces charges under Section 498A IPC, based on allegations by his wife of mental torture and threats – Court observes the allegations are general and do not specifically contribute to the ingredients of cruelty as defined under the law – Proceedings perceived as part of a longer matrimonia...
Quashing of FIR – Compromise Between Parties: Application for quashing FIR. Settlement between original complainant, relatives of the deceased, and accused, leading to withdrawal of allegations. [Para 1, 3]
Jurisprudence on Quashing Proceedings: Reference to judicial precedents for quashing proceedings in private disputes after settlement, even in cases of non-compoundable offences. [Para...
Criminal Procedure – Quashing of Proceedings – Alleged involvement in stolen vehicle case – Petitioner named Avishek Singhal implicated on basis of co-accused’s statement in Mirik Police Station Case No. 58/09 dated 08.08.2009 under Sections 411, 413, 414, 468, 471 IPC – High Court finds no substantive evidence corroborating the co-accused’s statement or connect...